Birmingham Wrongful Death Attorney
Seeking Compensation for Your Loss
The loss of a loved one is never easy. When a person dies due to the wrongful actions of another person, the surviving family members are often left with a variety of overwhelming emotions. Along with the grief of losing a loved one, these family members may now have to deal with the financial burden of funeral expenses, medical bills, and other losses.
At Mike Slocumb Law Firm, our wrongful death lawyer in Birmingham can help you seek the justice and compensation you deserve. We understand the pain and suffering you are going through and our goal is to help you obtain the maximum recovery possible.
What is Considered a Wrongful Death?
In Alabama, wrongful death is a legal claim that arises when a person's death is caused by the wrongful or negligent actions of another individual, company, or entity. The purpose of wrongful death laws is to provide compensation to surviving family members for the loss of their loved one and to hold responsible parties accountable for their actions.
Who Can File a Wrongful Death Claim in Alabama?
Generally, only the personal representative of the deceased person's estate can bring a wrongful death claim in Alabama. The personal representative acts on behalf of the surviving family members, known as the "distributees." These distributees can include the deceased person's spouse, children, parents, or other dependents.
To succeed in a wrongful death claim in Alabama, it is crucial to establish the following elements:
- Duty of Care: We must demonstrate that the at-fault party owed a duty of care to the deceased, such as the duty to drive safely, provide medical treatment, or maintain a safe premises.
- Breach of Duty: We will show that the at-fault party breached their duty of care through negligence or intentional actions.
- Causation: We must establish a direct link between the at-fault party's actions and the death of your loved one.
- Damages: We will document and quantify the damages suffered by the surviving family members as a result of the wrongful death.
The statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased person's death. Failing to file within this timeframe may result in the loss of the right to seek compensation.
Damages from a Wrongful Death Lawsuit
If the wrongful death claim is successful, the court may award damages to the surviving family members. These damages may include compensation for medical expenses related to the deceased person's final injury or illness, funeral and burial expenses, lost wages and future income, loss of companionship, and emotional pain and suffering.
Remember, Alabama follows a contributory negligence system. This means that if the deceased person is found to be partially responsible for their death, even to a small degree, the surviving family members may be barred from recovering any compensation. It's important to note that this strict standard is not followed in all states, as many other states apply comparative negligence principles, which allow the recovery of damages even if the deceased person was partially at fault.
Compassionate Support During Difficult Times
We recognize that no amount of financial compensation can bring back your loved one, but holding the responsible parties accountable can bring a sense of closure and justice. At Mike Slocumb Law Firm, we offer empathetic and personalized legal services tailored to meet the unique needs of each client. Our team is here to listen to your story, understand the impact of your loss, and provide the compassionate support you need throughout the legal proceedings.
If you have lost a loved one due to someone else's negligence or wrongful actions in Birmingham, AL, don't hesitate to seek legal help. Contact Mike Slocumb Law Firm today to schedule a free consultation with our experienced wrongful death attorneys.
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